Gotham Silk Hosiery Co. v. Artcraft Silk Hosiery Mills, Inc.

NIELDS, District Judge.

These patent suits were brought by Gotham Silk Hosiery Company, Inc., against Art-craft Silk Hosiery Mills, Inc. They were tried together. In one, plaintiff charges defendant with infringement of Tilles patent, No. 1,824,636, for “Hosiery.” In the other, plaintiff charges defendant with infringement of Buehsbaum patent, No. 1,728,924, for “Stocking.” The defense to the Tilles patent is invalidity by reason of (a) lack of patentable novelty, (b) anticipation, and (c) prior use by defendant. The defenses to the Buehsbaum patent are invalidity and noninfringement.

Plaintiff…